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    « Big Day in O'do | Main | Merry Christmas from Merrynade Dave »
    Saturday
    Jan012011

    'twill be a very good year

     

    Monday Monday

    The defense filed a NOTICE OF HEARING on Thursday of last year. The judge’s hearing (the man in charge) is set to begin on Monday at 1:30 PM and it is going to be a long one. Twenty-Two motions are on the wish list in Courtroom 23A. How many will actually be heard is anyone’s guess:

    1. Motion to Restrict Telephoto Courtroom Photography and Audio Eavesdropping of Defense
    2. Motion to Compel Judicial Administrative Commission to Pay for Transcripts of Oak Ridge National Laboratory Depositions
    3. Request Court Determine Bad Prior Acts of Mr. Kronk based on Motion Papers filed
    4. Motion in Limine - Sexual Interrogation of Lazzaro
    5. Motion in Limine - Sexual Interrogation of Rusciano
    6. Motion in Limine - Speculation of Defendant Knowledge by Texas EquuSearch
    7. Motion in Limine - Neighbor and Shovel
    8. Motion in Limine - Table Knife
    9. Motion in Limine - Character of Stealing and Lying
    10. Motion in Limine - Tattoo
    11. Motion to Suppress - Jail Interview of Defendant by “Agents”
    12. Motion in Limine - Jail Video of Announcement
    13. Motion in Limine - Jib Jab Cartoon
    14. Motion in Limine - Defendant Myspace “Diary of Days”
    15. Motion in Limine - Cindy Anthony Myspace
    16. Motion in Limine - Decomposition Chemical (Frye)
    17. Motion in Limine - Chloroform (Frye)
    18. Motion to Exclude - Root Growth (Frye)
    19. Motion for Subpoena Duces Tecum RE: Joe Jordan
    20. Motion to Exclude - Post Mortem Banding
    21. Motion to Exclude - Stain in Trunk of Car
    22. Motion in Limine to Exclude K-9 Alerts

    In the MOTION FOR APPLICATION FOR SUBPOENA DUCES TECUM, the defense has targeted Joseph S. Jordan. A subpoena duces tecum is a court summons ordering a named party to appear before the court and produce documents or other tangible evidence for use at a hearing or a trial.¹ It is true, as the motion states, that “the defense is charged with the responsibility of investigating their case in an effort to search for the truth.” Snicker if you must, but in every trial, civil and criminal, both sides will insist they are telling the truth and, invariably, it is up to the court to decide.

    Early last month, the defense deposed Joe. He testified that he was an active blogger on the Internet, and that he frequented the Websleuths and Scared Monkey forums that discuss various issues of the Casey/Caylee Anthony case The defense alleges that Jordan published photographs on both sites and on his now defunct personal Web site, josephsjordan.com. The motion further states that, “Some of the photographs illustrated areas searched that were near or on Suburban Drive.” The defense states that the “photographs are material to the preparation of the defense in this cause.”

    Joe Jordan is listed as a Category A witness for the state. Both sides consider him to be crucial to the case. The problem the defense has at the moment is simple; Jordan published his images on Internet forums. The images have since been removed. Since they were made public by Jordan and not the state, they are not subject to discovery under Florida Rules of Criminal Procedure, 3.220 [See page 98/197]. The defense wants those pictures. Why? Do they show dry land?

    Alleged photos by Joseph S. Jordan

    CELL PHONE IN BAG?

    HAPPY NEW YEAR, EVERYONE!

    It should prove to be a great one.

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    Reader Comments (50)

    Happy New Year everyone-
    Just returned from a short road trip to Ohio. Noticed while going thru Niles, Warren, and Youngstown, There are no "Free Casey" Billboards. Guess Trumball county doesn't <3 Casey.....
    Will you be in the courtroom Monday Dave?
    Regards-
    Kara

    January 1, 2011 | Unregistered CommenterKara Zor-El

    Happy New Years to you Dave.

    I admit I did wonder how you were going to handle the flurry of motions we're going to be seeing for the next 5 months. It's so simple I wouldn't have thought of just listing them that way!

    I love the intro picture of Caylee. It's of paramount importance to remember who we are doing this for and if I could keep Casey's name out of it all together I would. It's just sad that she's getting all this attention for such a horrendous act.

    I am left wondering if that one picture of the dry area is the only thing the defense is looking for in all of Joe Jordan's pictures. I'm not familiar with the area he searched because I don't live there. I have an idea it's not where Caylee's remains were found but an area that no out-of-the-area juror would recognize as not being that particular place. So they could use it to raise doubts about the condition. The rest of the pictures also look dry so you're left wondering what area they were taken in. I think any testimony he gives will straighten it out, but that dry area will linger in the minds of the jurors. Like "how can it be so dry there and so wet right next to it".

    I'll be watching Monday to see what Judge Perry decides. I have an idea he's going to number them just like you did!

    January 1, 2011 | Registered Commenterconniefl

    Happy New Year, Kara Zor-El! What? No hide noor hair of Caylee billboards in Trumball County? Oh my.

    Yes, I plan on attending, but personal issues may keep me from remaining until the end. I'll have to wait and see.

    January 1, 2011 | Registered CommenterDave Knechel

    Hi, Connie, Happy New Year!

    Actually, the judge did number them and my list came from that. I would like to address all the motions, but since the hearing is only days away, it might be better to address them after that.

    From all my trips to Suburban, I don't recognize the pictures at any location. The logs could have been moved by LE when they searched, but the picture looking into the woods doesn't look like anything I've seen there. If you notice, there's no kudzu, and that was everywhere.

    January 1, 2011 | Registered CommenterDave Knechel

    I don't think I have seen that picture of Caylee you put on this post anywhere before. That is going to be a very long hearing if he is going to hear all 22 motions. I guess he isn't afraid to work past 5:00 P.M. Those pictures from Joe Jordan don't look like the area that Caylee was found in. There isn't any kudzu in those pictures and the area is too dry. There have been so many reports of how much water was in that area for those pictures to come from there. I am sure that the State will have many witnesses stating how wet that are was, so I don't think the jurors will have a problem believing it.

    January 1, 2011 | Registered CommenterMary Jo

    I wasn't familiar with that photo, either, Mary Jo. The pictures of the woods don't look like anything I've seen down there, but these were taken before LE went in. The fact that there's no kudzu does make it appear that the images were taken elsewhere.

    As for the hearing, it looks like I'm going to have to sneak a sandwich or two in with my secret belly button spy camera. SHHH! Don't tell anyone. Maybe I'll use my hidden camera glasses this time.

    January 1, 2011 | Registered CommenterDave Knechel

    Haven't seen a billboard up here in Jacksonville, either, Kara lol.

    I went looking for the evidence pictures taken at the scene and no one has them posted anymore. I do remember seeing one taken before they went down into the area though and it was covered in kudzu. I wonder why has no one who lives next door to that area been supoenaed or deposed as a witness to the state of the area instead of relying only on TES. If you live next door to a known boggy area you know just about when it floods and when it dries up because you live with the effects every day. I haven't heard of either the prosecution or defense questioning neighbors. They could be used to bolster the TES argument that it was boggy.

    Well, I'm going to go read through the rest of this New Year's day. One way or another the main part of this will be over by summer thank heavens!

    January 1, 2011 | Registered Commenterconniefl

    Dave, These pictures do show dry land. The greenery is totally different in the first picture and the others where there are palm leaves. Almost looks like they were taken in a back yard. I thought they were yours at first glance and thought how could Dave have taken pictures with the bag of Caylee's remains.

    January 1, 2011 | Registered CommenterNew Puppy

    Hi, New Puppy! Happy New Year!

    I concur, the pictures don't look like the woods off Suburban to me at all. It will be up to Jordan to set the record straight, but I can see why the defense would like to study them if, in fact, they were taken by him.

    January 1, 2011 | Registered CommenterDave Knechel

    Happy New Year, Dave. The picture of Caylee is so pretty. I will be working on Monday, and will miss seeing the hearing on TV, or the internet. Hope wou will be there to give us the scoop on what takes place. Dave, I was wondering why my spell check is not working on your site? It use to work on your old blog. Have a healthy and happy 2011.

    January 1, 2011 | Registered CommenterRob

    Happy New Year to you, Rob, and a very healthy and happy one, too. I plan on attending the hearing and staying for the whole thing, but with diabetes, I may have to leave early. There is a personal matter I must attend to, too, that I will not discuss on my blog for obvious reasons, and that may preclude me from staying all day.

    I don't know why your spellcheck worked on the old blog and not here, but I do try to correct errors when I see them.

    Stay safe, my friend.

    January 1, 2011 | Registered CommenterDave Knechel

    I remember these photos so I just did a search.
    The sports top and sandal were found, in a wooded area on Yates Road, August 17, 08.

    http://cayleeanthony.wordpress.com/2008/08/17/searchers-find-items-in-woods-police-examining/

    January 1, 2011 | Unregistered CommenterOldCarGal

    Ah... very good, OldCarGal. I didn't think they were taken at the woods off Suburban. Thank you for enlightening us. I do think they were taken by Jordan, though, as my link stated, or the one that linked to Joe Jordan.

    Happy New Year!

    January 1, 2011 | Registered CommenterDave Knechel

    Happy New Year Dave !
    *˛°.˛*.˛°˛.*★* ♥ ♥ HAPPY NEW YEAR!
    ˛. _██_*.。*./ ♥ \ .˛* .˛。.˛.*.★* *★ 。*
    ˛. (´• ̮•)*.。*/♫.♫\*˛.* ˛_Π_____. ♥ 2011 ♥
    .°( . • . ) ˛°./• '♫ ' •\.˛*./______/~\\*. 。
    *(...'•'.. ) *˛╬╬╬╬╬˛°.|田田 |門|╬╬╬╬╬*˚♥ ♥

    That is a very sweet picture of Caylee, a great find :)

    I wish I could attend this hearing......I got robbed, I tell you ! I do feel lucky to have attended the one I did....as soon as my company leaves tomorrow (brought one back to play in our snow and celebrate the New Year) I may put some thoughts to cyber paper ;)

    My first thought when hearing Joseph Jordan was the target of the latest MOTION FOR APPLICATION FOR SUBPOENA DUCES TECUM was of the interview secretly taped by Jordan....but that issue has been decided and the state said they haven't looked at that tape let alone plan to use it at trial.....Do you think the court will compel Jordan to produce the pictures? Wouldn't bother me one bit, as you said, there are many who could testify to the water level for the state.

    I agree all of these motions of limine are standard fair for a defense to file and as Mark Jensen just found, upon losing his appeal, if an issue isn't raised before or during trial.....there is no record and the issue will not be considered by the appeal court.

    January 1, 2011 | Registered Commenterkatfish

    Hello, katfish!!! Great piece of artwork! Fascinating! Unfortunately, I must drive my mother to see my father. I will be back in a couple of hours. Until then, my friend...

    January 1, 2011 | Registered CommenterDave Knechel

    Yates Road huh? I for one am all for them taking the jury out to the site where the remains were found - and hopefully that will be after one of our Fl rainy weeks!

    Some of those motions are ridiculous like the one about jibjab. I had no idea that even existed until recently. And how many times is he going to ask that the camera be removed and denied the request? I realize they have to do that "just in case" down the line. I expected to see the JAC's complaint about the investigator wasting taxpayer's money in there somewhere too. Guess that will come up at the next status hearing when they ask for more money for him.

    This message box is kind of wierd Rob. Some days it will let you hilight or correct something mid-line and others you have to backspace each letter. I think it's just a quirk of Squarespace. I've never tried to spell check anything in here.

    January 1, 2011 | Registered Commenterconniefl

    I don't think the Judge numbered the motions. It was a notice of hearing from the defense that listed and numbered the motions - the Judge is on vacation. I thought the hearing was originally scheduled to cover the State's motion for sanctions - the defense has just added its 22 motions and as some were supposed to be heard by 31st (as opposed to filed) we shall have to wait for the Judge's decision on what will be heard on Monday.

    Happy to be corrected if I have this wrong.

    January 1, 2011 | Unregistered CommenterLiz

    You've got a point there Liz. I seem to remember that business about Kronk especially was supposed to be in before the judge went on vacation. So what happens to those now? They don't get heard until the trial? I'm not familiar with the process.

    January 1, 2011 | Registered Commenterconniefl

    Connie, I believe that the defense has changed their mind on Kronk and is not going to persue that anymore. JP told them they had to have it in before he went on vacation if they were going to go that way and they didn't. I think WESH is reporting that JP will be hearing the 22 motions on Monday, but they could be wrong. I guess we will find out then.

    January 1, 2011 | Registered CommenterMary Jo

    Everytime I look at a picture of Caylee I ask God, Why? Why are these innocent children taken in such way? I also ask if I might be contributing in some way in any act I do that is not pleasing to God. Am I partially responsible. Why is it so difficult for us adults to change their ways for the benefit of a child. Caylee's eyes are deep and mysterious. That precious little face seems to be trying to tell us something. I wonder how evil can get thru Gods protective wall to harm a child like this and all those who are never even found.

    January 1, 2011 | Registered CommenterNew Puppy

    MaryJo

    If you check the list above No 3 is Kronk - the defense has not forgotten it - they just don't seem to want to provide anything further than they have to date. Based on the last hearing, this should now be waiting to be raised at trial - but the Judge could change that if he accepts the late filing.

    January 1, 2011 | Unregistered CommenterLiz

    I don't know why the defense didn't just filed one motion to have ALL evidence, tangible and intangible thrown out. That would include the skeletel remains, Dr G's reports, all interviews etc etc etc. Set Casey free so she can go home and knock off her parents. She can take possession of their home, turn it into a brothel and finally have gainful employment.

    If that sounds ridiculous, that is how I feel about some of the motions filed by the defense. If someone tells me that Casey has a right to a fair trial and the defense is just doing what a good defense is supposed to do, I promise to scream. I am beginning to lose a bit of faith in the justice system. Is there such a thing as wasting the courts time with outrageous motions. Surely there are guidelines the state and defense must adhere to.

    January 1, 2011 | Registered CommenterSnoopySleuth

    New Puppy~~I am with you. I paused and stared at that picture of Caylee and the same thing flashed through my mind. Why? God knows what she went through in her short life. Now everything is focused on Casey getting a fair trial. How can Cindy and George look at that child's beautiful brown eyes and still support the one who snuffed out her life?

    January 1, 2011 | Registered CommenterSnoopySleuth

    I hope Judge Perry gets a chance to read all the motions tomorrow. Come Monday, I would like to see him make paper airplanes out of the ones the defense filed. Once the court is in session, I can hear him now. as he flies one by one in Baez and Mason's direction.... " fasten your seat belts, prepare for takeoff.... denied with prejudice...denied ...denied with prejudice... and so on.." and one of them landing right on top of Mason's ear.

    January 1, 2011 | Registered CommenterSnoopySleuth

    Dave~~that first pic you put up of Jordan's, the vegetation doesn't even come close to what it was like where the remains were located. The land goes in level in the pic...where the remains were found had an incline. It must have been taken several feet away from the actual spot where Caylee was found.

    The black muscle shirt must have been taken from a wet spot and he just laid it out on the ground to photo it. The water stains on it show that it would not have been found exactly where it was photographed. It looks like he put the stick tthrough the top of it and then drug it out to dry ground.

    BTW, Laura Buchanan first found out about Joe Jordan from his blogging or commenting on blogs, so the story goes.

    January 1, 2011 | Registered CommenterSnoopySleuth

    I remember seeing these photos early on in the search for Caylee, I believe some were taken near Blanchard park.
    .love your website by the way!

    January 1, 2011 | Unregistered CommentergrammaG

    My thoughts exactly, New Puppy, not only killing them but all of the mean and vicious ways they did it I am counting on you Soopy and Dave as I won't be able to watch Monday.............Dave you be careful Monday and take care of your health. I think we should all say a little prayer for Judge Perry. Maybe Ashton too? Thank You in advance Dave , can't wait to get your opinion of Monday..

    January 1, 2011 | Registered Commentermargaret

    Margaret, I think the holidays have us all mixed up in our days. Dave thinks he is going to the hearing tomorrow and I had to tell him that tomorrow is Sunday and the hearing is Monday. LOL

    I love it when you call me Soopy... ha ha ha . Have you been into the rum punch? I am just kidding. For some reason, I have been in a giddy mood tonight. I had a tea and then some orange pop. I will blame it on the Red Rose tea.

    January 1, 2011 | Registered CommenterSnoopySleuth

    I'm sorry Snoopy, maybe I need some rum punch. Thank you for keeping me straight, must be the rain? LOL

    January 1, 2011 | Registered Commentermargaret

    Margaret, I laugh at all the different ways people spell my name. LOL

    Dave, one thing I am concerned about is; when the jail took Casey down to the medical facility of the jail and made a video of her reaction to the news of the remains being found. Casey did have private counsel at that time. My question is, was Baez at the jail waiting during the very same time, they made the video. I don't think that video will be allowed in as evidence. My concern is, will it paint a 'not so nice' picture of the prosecution? I think this is the kind of thing that makes Mason sit up and really pay attention.

    I also read in one of the motions, the defense filed, that LE and some of the jail staff were conspiring to get information out of Casey via a sting operation using a jail guard who helped Casey by passing her letters to the other inmates. This is quite an allegation for the defense to make. I was rather shocked when I read it.

    There is no way that Judge Perry will hear 22 motions in one hearing. It doesn't start until 1:30pm.

    January 1, 2011 | Registered CommenterSnoopySleuth

    You know what gets me about this beautiful picture of Caylee. Look at how bright and clear her eyes are. My daughters used to get something called "allergy shiners" or dark circles under their eyes when they were sick or had a sinus infection/cold, or just didn't get enough sleep. What gets me is how many pictures little Caylee has those faint dark circles under her eyes. It's like you can see she's miserable either with no sleep or being drugged with something or sick. From what Cindy says she was never sick so those shiners had to be sleep related.

    I can foresee Judge Perry just going down the list like he did before and saying he was ruling for 2, 4, 5, etc or withholding his judgement until later then publishing it that way. Numerically.

    January 2, 2011 | Registered Commenterconniefl

    The Joe Jordan material could turn out to be just another little detour that boomerangs on Jose, like so many other detours do- he really doesn't know where he's going, does he? One thought, looking at your fine videos of Suburban- if I lived right there and had a dog I'd be walking her daily back and forth along that shoulder strip up on top. I'm sure the dog owners there know all about the flooded vs dry conditions of that area perfectly well.

    2011 HAS to be a better year than last, by default! Dang glad myself to see the hind end of that one...

    January 2, 2011 | Registered CommenterKaren C.

    Really appreciate all the above information, and love the photo of little Caylee. So beautiful.

    January 2, 2011 | Unregistered CommenterDidi

    Happy New Year Dave!
    Hope you and your family are doing well. That picture of Caylee to the intro is absolutely gorgeous. I also have not seen that one. Good finding. The motions are getting so out of control, it's almost amusing. What another waste of Florida's taxpayer's money. You take care of yourself in court - your health is more important than trying to sit it out. I'm sure you know the limit. Look forward to this one . . . and how many more before trial. Time is ticking!

    January 2, 2011 | Unregistered Commentersimba

    That picture of Caylee is beautiful. Those big beautiful trusting eyes! It makes the prosecutor's words about the last thing Caylee saw make me shudder. For that poor child there was no monster in the closet for a loving parent to assure and comfort her was not there, she lived with the monster/s.

    January 2, 2011 | Registered CommenterPeggy from PA

    I'm sorry I won''t be around for a while today. I am taking my mother to church and then we are going to visit my father. I'd tell you where he is, but the babs would trash the Web site and call the facility to tell him to jump off the roof. I'm sure they want him as dead as me.

    January 2, 2011 | Registered CommenterDave Knechel

    Dave
    Happy New Year. I have been sick with Bronchitis but on the mend. Just read your article. Thanks for giving us this information. Hope your father gets better. My best to your family. Keep up the great work

    January 2, 2011 | Registered CommenterMarsha from NY

    I remember the pix. I also remember the items found and photographed weren't found on Suburban Dr.
    IIRC they were found near or in Jay Blanchard Park.

    January 2, 2011 | Unregistered Commenterbeachgirl

    beachgirl, you are right. The terrain and vegetation does not look like Suburban at all.

    January 2, 2011 | Registered CommenterSnoopySleuth

    grammaG - I'm sorry you were in moderation so long. I've been gone all day, but as soon as I saw it, I let you out.

    Yes, everyone says they were from Blanchard Park, so there must be some from Suburban Drive... Or not!

    Thank you for being patient and for enjoying my blog. I'll try to be more attentive, but family issues have kept me busy for the last 3 days.

    January 2, 2011 | Registered CommenterDave Knechel

    Dave, you are a good son. I'm sure your parents are appreciating you. My mom died of cancer when I was thirty she never got to meet my grandchildren. I still miss her terribly and holidays are always a little sad. Cherish your parents and enjoy them as long as you can. I hope your dad will soon be well and back home. ........As far as the hearing, as much as we all love your take on it, we will survive if you can't make the hearing. Family comes first........Maybe those people that cause you so much trouble will get their priorities in order this year. I am a firm beleiver in " what goes around, comes around." Jealousy is a terrible sickness that can destroy. Hold your head high Dave, you are not doing anything wrong. You are sooooooooooo much better than them. Take care and know we are all proud of what you do.

    January 2, 2011 | Registered Commentermargaret

    Hey, Folks-
    Getta load of this one, from Trials & Tribulations:

    http://sprocket-trials.blogspot.com/2011/01/casey-anthonys-attorneys-file-blizzard_02.html

    Defense app. claiming the Joy Wray cartoon (?) is from the State- Wha? Huh? Have I read this right? Make what you can of this... we'll find out more with the hearing ONE HOPES.

    January 2, 2011 | Registered CommenterKaren C.

    I hear the DUHfense is busy preparing for tomorrow ..

    ____ _____

    January 2, 2011 | Registered Commenterecossie possie

    Snoops a cannie get ma wee men to load???

    January 2, 2011 | Registered Commenterecossie possie

    Teddy T Party,,,,Crayon scribbler...Blowing bubbles...

    January 2, 2011 | Registered Commenterecossie possie

    I was writting something about our esteemed Judge B. Perry the other day an nearly allocated him his initial Status ,as is the want in this case. KC CMA GA ect ect LP LE LA...anyhoo so I almost write J .B.P. ..For Judge Belvin Perry,,,And it hits me ,Cant use that its taken Jay Blanchford Park...

    January 2, 2011 | Registered Commenterecossie possie

    Ecossie~~ I did get to see your wee men when you first sent them to me. They were so funny. I could not copy them tho. Cannie you send them to Dave via email?

    Tomorrow should be an interesting day. Some of those motions are quite ridiculous but then again, some of the attorneys are as well. Judge Perry will probably rule on a couple but I expect he will delay his decisions until later on most motions.

    January 2, 2011 | Registered CommenterSnoopySleuth

    Dear Dave, Didnt know your Dad was ill. I will pray for him. Everyone in our family has had some sort of major cold/flu? and are passing it back and forth thru our 3 groups. My Mom who is 92 and lives with my twin sister has had it too. havent gone over there in a few days because she is just getting better.

    I was reading the list of motions--stepping back from that you can just about get a list of what the DEFENSE IS WORRIED ABOUT!!!!! I am sure that the prosecution has noticed that too. It's kind of like the are showing all their cards through this list. Also what they have been doing all along as my mom would say "showing their heinies"--no respect for the courtroom etc and acting stupid.

    January 3, 2011 | Unregistered Commentermartha

    Hi Dave,

    I posted a link on January 1 (above). The link showed the same photos you have above, saying the items were found on Yates Road. A couple days ago, I went to that link and the photos are now gone. I wonder why they were removed after all these years of being on that web site?

    January 7, 2011 | Registered CommenterOldCarGal

    I will have to look into that link and who owns it, OldCarGal. Also, I DID get your e-mail, but as you can see, I've been very busy with family obligations. Thanks for letting me know it was taken down. That's very interesting.

    January 7, 2011 | Registered CommenterDave Knechel

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